British Columbia Hansard — TUESDAY, APRIL 27, 2004 (37th Parliament, 5th Session) (20040427pm-Hansard-v24n6)

20040427pm-Hansard-v24n6

British Columbia — Debates (Hansard)

British Columbia Hansard — TUESDAY, APRIL 27, 2004 (37th Parliament, 5th Session) (20040427pm-Hansard-v24n6)

20040427pm-Hansard-v24n6

British Columbia — Debates (Hansard)

2004 Legislative Session: 5th Session, 37th Parliament

HANSARD

The following electronic version is for informational purposes

only.

The printed version remains the official version.

Official Report of

DEBATES OF THE LEGISLATIVE ASSEMBLY

(Hansard)

TUESDAY, APRIL 27, 2004

Afternoon Sitting

Volume 24, Number 6

CONTENTS

Routine Proceedings

Page

Introductions by Members

Tributes

Lee Doney

Hon. G.

Campbell

MacPhail

Hon. G.

Bruce

Introduction and First Reading

of Bills

Partnership Amendment Act, 2004

(Bill 35)

Hon. G.

Collins

Community, Aboriginal and Women's

Services Statutes Amendment Act, 2004 (Bill 36)

Hon. M.

Coell

Statements (Standing Order 25 B )

Zajac Ranch

R. Hawes

Gun violence in Vancouver

Mayencourt

Cameron Elementary School Youth

Credit Union

H. Bloy

Oral Questions

B.C. Rail privatization process

MacPhail

Hon. K.

Falcon

J. Kwan

Work of leaky-condo task force

Brenzinger

Hon. G.

Campbell

Impact of health support worker

labour dispute on autism services

J. Bray

Hon. C.

Hansen

B.C. Rail privatization process and

police investigation

J. Kwan

Hon. K.

Falcon

Committee of the Whole House

Society Amendment Act, 2004 (Bill

32)

Report and Third Reading of

Bills

Society Amendment Act, 2004 (Bill

32)

Committee of the Whole House

Miscellaneous Statutes Amendment

Act, 2004 (Bill 18)

J. Kwan

Hon. C.

Hansen

Hon. R.

Neufeld

Lekstrom

Hon. G.

Plant

Report and Third Reading of

Bills

Miscellaneous Statutes Amendment

Act, 2004 (Bill 18)

Committee of Supply

Estimates: Ministry of Advanced

Education (continued)

Hon. S.

Bond

J. Kwan

Proceedings in the Douglas Fir Room

Committee of Supply

Estimates: Ministry of

Transportation (continued)

MacPhail

Hon. K.

Falcon

[ Page 10525 ]

TUESDAY, APRIL 27, 2004

The House

met at 2:03 p.m.

Introductions by Members

Hon. G.

Campbell: Today in the House we have a number of leaders of the Sikh

community in British Columbia who are here to celebrate the 400th anniversary of

the first installation of the Guru Granth Sahib at the Darbar Sahib, commonly

known as the Golden Temple. British Columbia is the first province in the

country to actually proclaim the 400th anniversary of the installation, and I'd

like to just take a moment to read the proclamation.

"Whereas

the Guru Granth Sahib, the Sikh scripture, is a compilation of the divine

wisdom of the Sikh gurus and saints of other faiths reaffirming the

fundamental unity of all religions;

whereas the Sikh scripture embodies the

universal message of truth, compassion, peace, equality, sharing and service

towards all humankind;

whereas the Guru Granth Sahib stresses the democratic

way of life and equality of all people;

whereas 2004 marks the 400th

anniversary of the first installation of the Guru Granth Sahib at Darbar

Sahib, commonly known as the Golden Temple in Amritsar; and

whereas Sikhs have

been a major part of our province since the early 1900s when pioneers settled

in areas all over British Columbia; we do proclaim and declare April 2004 the

400th anniversary of the installation of Guru Granth Sahib in British

Columbia."

[1405]

This is an

important year for our Sikh community. It's important that they have shared

their beliefs, their religion and their culture with all of us. They make our

province richer, and I would like the House to make them all welcome.

Hon. S.

Hagen: In the precincts today I am pleased to welcome as guests Mr. Geoff

Horn, who is the teacher, and ten grades 9 to 12 students from the North Island

Distance Education School in Courtenay. This was an agency that was set up in

1991 by a very progressive and very solid-thinking Minister of Education. Their

mission statement is to support successful learning by providing

student-centred, teacher-directed, distributed learning services through the use

of diverse technologies and community partnerships. Would the House please join

me in welcoming them.

Tributes

LEE DONEY

Hon. G.

Campbell: Everyone in the House recognizes the strength of our public

service in the province and the contributions they make. Today I rise to

recognize the many contributions of a career public servant, Lee Doney. He's

joined today by his mother and his family.

Lee is

retiring this year. Certainly, it will be a great loss to British Columbia's

public service. His leadership has been exemplary. He joined the B.C. public

service in 1975 when he started as a research officer at the Ministry of Labour.

His contribution has accelerated from opportunity to opportunity. He was a

director, general manager, manager, special adviser, chief executive officer of

Forest Renewal B.C., the B.C. Labour Force Development Board, chairman of the

WCB, director of the B.C. Treaty Commission, the provincial Round Table on the

Environment and the Economy. He served as Deputy Minister of Forests and is

currently Deputy Minister of Labour.

I should

say that Mr. Doney has always been someone who gives us the best kind of advice

from the public service. He provides and lays out a full array of options. He

allows his political colleagues to work that through at the cabinet level. He

has, in fact, been an exemplary public servant for the last 30 years.

On behalf

of everyone in the House, I'd like to say thank you to Mr. Doney for his

contribution and also thank you to his family for letting him be away from home

so often to make sure that the public in British Columbia were served.

MacPhail: I am honoured to be able to take this opportunity to acknowledge

Mr. Lee Doney as well. He has been a public servant through many governments. I

actually first met Mr. Doney in the early eighties. We both started out our

careers at the bargaining table. It will come as a bit of a surprise to people

to know that we were on opposite sides of the bargaining table.

Mr. Doney

was a big mucky-muck in government management back in those days of the early

eighties. It was a terribly difficult time in negotiations. A huge part of the

public sector was about to go out on a provincewide strike. The government was

asking for concessions and wage rollbacks. I just want to say: gee, Lee, look

how things have changed since you became Deputy Minister of Labour.

Anyway, I

must say that between that time and this time, Mr. Doney has done great public

service for all British Columbians, and we're delighted to join in his

celebration of his retirement.

Hon. G.

Bruce: Lee, of course, has had the pleasure of working with me for the last

three years, and he's often told me that great line in Yes, Minister : "Yes,

Minister, you're about to be very courageous." I appreciate those lines of

counsel. You know, Lee and I get together and have worked well together simply

because of the fact that his father actually coached my father in baseball years

and years and years ago.

[1410]

With Lee

today is his mother, Marjorie, and his family: Kendall, Samantha, Stewart,

Spencer and Shelley Larsen. I would ask the House to make them all feel very,

very welcome.

Mr.

Speaker: The minister wishes to continue?

Hon. G.

Bruce: If that would be possible, Mr. Speaker.

[ Page 10526 ]

Introductions by Members

Hon. G.

Bruce: As you know, it's not often that I get folks down here that I can

introduce. I'm always looking for a few other folks to be able to express my

appreciation that they come from the Cowichan area.

Along for

the proclamation that was read by the Premier here are people from the Paldi

Khalsa Diwan Society in Duncan: Mr. Kuldip Singh Bhandari, who is the treasurer,

and Suntokh Singh Ghainiji, also from the temple.

With my

wife, Anneke, in this gallery over here are three individuals that really do a

lot for our community. Greg Adams, who had a great career in the NHL, is here

today with us and is still trying to teach me how to skate. Along with him are a

couple of other guys that do just a tremendous amount both in the community of

Lake Cowichan and in the community of the Cowichan Valley: Dave Johel and Jerry

Doman. I'd ask you to make them all very, very welcome.

H. Bloy:

It's my honour to introduce Simon Fraser University B.C. Young Liberals,

present and past, who have once again made their annual trek to the Legislature.

My colleagues will be introducing a number of them. The SFU B.C. Young Liberals

has always been a vibrant club at SFU and a focal point for constructive debate

and positive social events. The SFU B.C. Young Liberals are the second-largest

club at SFU. It is my pleasure to introduce today Young Liberals from my riding,

Tina Poole and Woosang Lee, who live in my riding. I am also proud to introduce

Jessica Fuchs and David Godin from the riding of Vancouver–Point Grey.

Cheema: I would like to introduce a few special guests visiting from the

lower mainland who join me today in celebration of the Guru Granth Sahib

proclamation reception. From Dashmesh Darbar Gurdawra in Surrey are Kuldip Singh

Jagpal, past president, and Mr. Kehar Singh Bains, the new president. From

Surrey Guru Nanak Sikh Temple, which is in my riding, are Sadhu Singh Samra,

senior vice-president; and two other dedicated community leaders, Mr. Mota Singh

Jheeta and Mr. Pritam Singh Aulakh. I would like to thank all the members of the

Sikh community in this province for their hard work and their dedication in

building this great province. Would the House please join me and make them very

welcome.

MacKay: Today I am pleased to introduce a couple of guests. I have the

former mayor of Burns Lake, Paul Jean, and his wife, Doris, in the gallery

today. The timing has got me a little bit perplexed here, because last time

there was a health care issue that the government had to deal with, Mr. Jean

actually slept on the lawn of the Legislature on a bed showing his displeasure

with the issues around the health care issues. It's nice to see you back here

again, Paul. Accompanying Paul is his brother, Clement Jean, and his wife,

Margie, from Olds, Alberta. I'd like the House to please make them all welcome.

Roddick: In the gallery today, also celebrating the proclamation, is Ghaini

Ji Harkit Singh, a priest at many Sikh temples. Will the House please make him very

welcome.

Nuraney: As part of a group visiting us today is a person called Brock

Stevenson. He not only happens to be a bright, young and intelligent man, but

he's also a part of our executive in our riding of Burnaby-Willingdon. Will the

House please join me in welcoming him.

[1415]

Hon. C.

Clark: I just had the pleasure of meeting with two representatives of the

child and family services department in Denbighshire, North Wales, today. We

talked a lot about the respective issues and challenges that we face and some of

the great successes that we've both had in our ministries. We are joined today

by Gwynfor Griffiths, Angela Mathison and Ian Scott. I hope the House will

please make them very welcome.

Halsey-Brandt: Joining us today in celebrating the proclamation, we have

three members of the Sikh community: first from the Nanak Sar temple in

Richmond, Mr. Amrik Nijjar, who is the general secretary; from the India

Cultural Centre of Canada, Mr. Sohan S. Basi, who is the president, and Mr.

Avrar Singh Gosal. Would the House please make them welcome.

R. Lee:

It's my pleasure to introduce three SFU B.C. Young Liberals to the House today.

Miles Lunn, Ken Wong and Suki Wong are from North Burnaby, just east of Simon

Fraser University. Miles and Ken have been very active in the riding

association, and they have been my great supporters. Would the House please join

me to give them a warm welcome.

Locke: I would like to introduce a few guests that are in the gallery today

celebrating the proclamation with all of us. From the Surrey Guru Nanak Sikh

Temple, Mr. Ajab Singh Johal, Mr. Jarnail Singh Billa and a good friend of mine,

Mr. Jassa Grewal. Welcome.

Nijjar: I'd also like to recognize members of the Sikh community that are

here for the celebration from the Vancouver area. From the East Vancouver Akali

Singh Sikh Temple: Sadhu Singh Dhesi, Piara Singh Dhillon, Pritam Singh Aulakh,

Rattan Singh Girn and Balbir Singh Purhar. Would everyone please make them

welcome.

Hamilton: This afternoon it is my great pleasure to introduce one of my

hard-working constituents, Helen Bates, who has been heavily involved with the

military family resource centre at the Esquimalt naval base. Her countless hours

of volunteer service are greatly appreciated by the entire community. I thank

her for her time and look forward to congratulating her next Tuesday when she

receives a B.C. community achievement award. Would the House please make Helen

very welcome.

[ Page 10527 ]

Hawes: From the Mission Gur Sikh Society and the Mission temple, I'd like

the House to welcome my good friend and longtime associate, Terry Tarlok Singh

Gidda, president; Karam Singh Mann, director; and Harcharn Singh Brar. Could the

House please make them welcome.

S. Orr:

I am privileged to have in my community three temples, on Topaz, Graham and

Celelia streets. On behalf of all the South Island MLAs, I am pleased to welcome

three members of the Punjabi Akali Singh Society and very valued members of our

community. They are Charan Sangha, Charanjit Parmar and Shivdave Lalari. Would

the House please make them all very welcome.

Hon. T.

Christensen: It's my pleasure today to introduce two guests from Calgary.

Doug and Diane Cox are here visiting Victoria and visiting their son Bryan, who

is my executive assistant. I can tell them that Bryan has been doing an

exemplary job, and there was only a small period of time a couple of weeks ago

that we thought we might have to let him go, when he was cheering much too hard

for the Calgary Flames. Would the House make them both welcome.

H. Bloy:

I have two more introductions to make. First of all, I'd like to introduce

two proud parents, Gino and Edith Ferronato. They are here visiting their son,

Chris Ferronato, who is also a past Young Liberal and is working on an

internship here. It's their son's birthday today. Would the House please give

them a warm welcome.

There's a

very special couple that I would like to introduce. I met these two young people

four years ago, before I was elected, but I met them through the political

process. They were both Young Liberals at SFU. They committed so much time to

the Young Liberals at SFU, and they both worked on my campaign for election.

[1420]

When I

first met them, they were individuals, and I watched them mature and grow. Later

they started dating and became a couple. The relationship developed over the

years until last Saturday night when I had the honour and privilege of attending

their wedding. It was a great day for their wedding, and they held the reception

at — you'll know where — the Diamond Club at Simon Fraser University. Chris

works for me as a legislative assistant. Would the House please welcome Chris

and Janet Steinbach.

Hon. G.

Campbell: This is a marathon day of introductions, and it's okay if we set a

new record here. Let me just say that there's also another important thing that

has taken place in the last few days. Congratulations should go out to a special

team of people in Vancouver who worked very hard to win a national championship

gold medal, and it actually happens to be from a great secondary school called

Templeton Secondary School — not in my riding.

They have

done a very good job. They have come out number one in the — now, I want you

to hear this, and I hope Hansard hears this — the Canadian Smart Ask!

competition. The Smart Ask! competition is what we used to think of in

the olden days as Reach for the Top . I think it's great that a great

British Columbia high school with great students has come out on top.

Locke: I also want to welcome to the House today two SFU Young Liberals,

David Yau and Brandon Langhelm. They support me in my endeavours in Surrey. I

thank them and welcome them to the chamber.

Sahota: In honour of the celebration of the proclamation, the two temples in

my constituency, Shri Guru Ravidass Temple and the Canadian Ramagarhia Society,

also send their best wishes and congratulations.

Hon. G.

Abbott: A couple of introductions. First, I want to introduce two

constituents from Armstrong, Roger Lockwood and his son James Lockwood. They're

leaders in business in the community back in Armstrong. I also want to join with

the member for Richmond Centre in welcoming Olga Illich, the incoming chair of

the Assessment Authority board. I'd like to make them all welcome.

Hayer: I have two special groups of individuals here today. The first one

are SFU B.C. Young Liberals from my riding of Surrey-Tynehead: my son, Alexander

Hayer, and Richard Ly, who are also volunteers in my constituency association.

The second

group is Rupinder Rue Bains from Indo-Canadian Times and Apna Roots

newspapers, and Gurwinder S. Dhaliwal and Gautam Arora from PTV Punjab

television station, here to celebrate the 400th anniversary of Guru Granth

Sahib. Would the House please make them all welcome.

Hon. M.

de Jong: Visiting from Abbotsford, home of the oldest standing gurdwara —

and, I think, the only one in Canada designated as a national historic site —

Mr. Nirmal Sanghera, Mr. Norm Sangha, Mr. Nazar Gill, Mr. Sukh Darshan Gill, Mr.

Sadhu Sekhon, Mr. Jagtar Sangha, Mr. Malkit Dhesi and Mr. Mohinder Jawanda. I

hope we will make them welcome today.

Mayencourt: I thought I'd get in on this act. I have a couple of friends

visiting here as well. Candace Newton is a woman that I met recently. She runs a

radio program called Unlocking the Secrets for Women . She's here today

with her good friend Laura Prosko and Laura's mother, Margaret. They are filming

responses from members of the Legislature to support the Rick Hansen Foundation.

They're wonderful people. I would ask that the House please make them feel

welcome.

Also, I

have, from the SFU Young Liberals, Shaun Webb visiting. Shaun is an important

part of our community. I would ask that you also make him feel welcome. I think

that should just about do it.

[ Page 10528 ]

Mr.

Speaker: I didn't think the galleries held that many people.

[1425]

Introduction and

First Reading of Bills

PARTNERSHIP AMENDMENT ACT, 2004

Hon. G.

Collins presented a message from Her Honour the Lieutenant-Governor: a bill

intituled Partnership Amendment Act, 2004.

Hon. G.

Collins: I move the bill be introduced and read a first time now.

Motion

approved.

Hon. G.

Collins: I am pleased to introduce the Partnership Amendment Act, 2004,

which allows for the registration and operation of limited liability

partnerships in British Columbia. British Columbia has lagged behind other

jurisdictions in Canada and around the world in not having legislation providing

for limited liability partnerships. These amendments will remedy the situation,

making British Columbia an attractive place to do business.

Under the

amendments included in this bill, partners in a limited liability partnership

will generally have protection from personal liability for the debts of the

partnership and the other partners. However, a limited liability partner will

not have this protection in instances of negligence or wrongdoing by that

partner. These amendments also contain a number of provisions to ensure that

those who deal with the limited liability partnership are aware of that fact.

These

amendments will bring this province into line with other provinces and countries

around the world by allowing the registration and operation of the limited

liability partnerships in British Columbia. They'll make this province a more

attractive place to do business while at the same time providing a balanced

level of protection to those who do business with the limited liability

partnership.

I move that

the bill be placed on the orders of the day for second reading at the next

sitting of the House after today.

Bill 35

introduced, read a first time and ordered to be placed on orders of the day for

second reading at the next sitting of the House after today.

COMMUNITY, ABORIGINAL AND

WOMEN'S SERVICES

STATUTES AMENDMENT ACT, 2004

Hon. M.

Coell presented a message from Her Honour the Lieutenant-Governor: a bill

intituled Community, Aboriginal and Women's Services Statutes Amendment Act,

Hon. M.

Coell: I move that Bill 36 be read a first time now.

Motion

approved.

Hon. M.

Coell: I am pleased to present the Community, Aboriginal and Women's

Services Statutes Amendment Act, 2004. This act makes minor amendments to a

number of local government statutes for which my ministry is responsible —

specifically, the Local Government Act, the Vancouver Charter and the Community

Charter.

These

amendments respond to some specific changes and requests that will further

enhance and clarify aspects of local government legislation. In particular,

these amendments will implement proposals from a joint development industry,

local government and provincial government committee. These proposals will

fine-tune aspects of the development finance system established in the Local

Government Act and the Vancouver Charter.

The act

will also provide regional districts with greater flexibility to adapt cost

recovery for administrative-type services to meet unique local needs. Further,

the act responds to requests by the city of Vancouver to clarify the scope of

the charitable property tax exemption and the size of the board of variance

under the Vancouver Charter. Finally, the act will ensure that a number of

clarification and correction amendments that have been made on an interim basis

by regulation are now enshrined in the Community Charter along with a few

further housekeeping fixes.

I move that

the Community, Aboriginal and Women's Services Statutes Amendment Act, 2004, be

placed on orders of the day for second reading at the next sitting of the House

after today.

Bill 36

introduced, read a first time and ordered to be placed on orders of the day for

second reading at the next sitting of the House after today.

Statements

(Standing Order 25

b) ZAJAC RANCH

Hawes: Sometimes very good news can flow from bad. Last year, when it was

announced that the minimum-security Stave Lake corrections facility was going to

close in Mission, there was considerable angst in the community. Along came

Carmen Zajac and Mel Zajac, her father, who saw great potential in the site, and

they inspired the Mel Jr. and Marty Zajac Foundation to purchase the property

and develop it into a camp like no other in British Columbia.

Transformed

into a western village theme, the Zajac Ranch is dedicated to raising awareness,

spirits and money to assist children with special needs. The Zajacs have

recognized that for many of the more than 10,000 children in B.C. with special

medical needs, their disabilities may prevent them from ever enjoying a summer

camp adventure. The Zajac Ranch is dedicated to ensuring that they do have that

opportunity, and children attend this camp free of charge.

[ Page 10529 ]

[1430]

As their

brochure says, each program at the ranch is designed to improve the self-esteem,

confidence and quality of life of each child in a supportive environment. At the

Zajac Ranch, children will learn what they can do, not what they can't. Whether

it's horseback riding, swimming, wall climbing or art expression, every program

at the ranch is carefully crafted to bring out the best in every child. The

ranch features an around-the-clock health centre offering everything from

bandaging a minor cut to dialysis.

This is

great news for the Mission district. This is great news for British Columbia.

This is especially great news for the thousands of kids in this province with

special needs. I would invite everyone to visit their website at

www.zajacranch.com. Your support and your donations can really assist this

outstanding and worthwhile cause. I'd ask that all members join me in giving a

special thanks to Mel and Carmen Zajac and the dedicated volunteers on the board

of the Mel Jr. and Marty Zajac Foundation for their amazing generosity and

foresight in fulfilling this dream for so many kids.

GUN VIOLENCE IN VANCOUVER

Mayencourt: I don't know if it's just me, but I have become increasingly

worried about the prevalence of guns and violence in our communities. It seems

over the last little while that almost every week there's a shooting in

Vancouver. I have a nightclub in my neighbourhood called Atlantis. In the past

month they've had three shootings. There are families that live in the

neighbourhood beside Atlantis, and there are children that live there.

What really

concerns me is that the number of gunshot wounds we hear about are really only

the tip of the iceberg, because there doesn't seem to be a mechanism in place to

ensure communications between hospitals and police. We simply cannot have people

in our communities worried about their children and their families not being

safe as a result of gun violence. The Vancouver police department is doing what

it can to crack down on this, but we need to be able to help them to keep our

city as safe as can be. Already this year, the Vancouver police department has

reported numerous incidents related to firearms, including weapons seized at

Cordova and Granville, shots fired on Granville Street, gunfire exchanged at

Carrall Street, shots fired on Commercial Drive. Just this week, a young man was

shot after a concert that took place at the Pacific Coliseum.

Gun

violence is becoming increasingly common among young people, and the concern is

that if the first offence is not reported to police, there will likely be

retaliatory offences. Young people are not only in possession of guns, but they

are dying of gunshot wounds. For example, 21-year-old Rachel Davis stepped in to

stop a fight in Gastown and was shot and killed. Her good friend, Sebastian

Temper, was left wounded and traumatized by the incident.

Ontario is

expected to table legislation this year that would require doctors to report

gunshot and knife wounds to the police. Our own Dr. Roy Purssell, head of

emergency medicine at VGH, feels legislation is necessary for change. This House

has heard me speak about safer communities and safer streets on many occasions.

This is just one more way that we can make our streets safer for our children. I

urge doctors to report gunshot wounds to the police and be part of the solution,

making Vancouver streets a safe place for kids.

CAMERON ELEMENTARY SCHOOL

YOUTH CREDIT UNION

H. Bloy:

Last Tuesday I had the pleasure of meeting the Dalai Lama, Archbishop Tutu and

Shirin Ebadi, three Nobel peace prize winners who contribute to the social

conscience of the world.

Later that

day at Cameron Elementary School, I met future business leaders of our country.

Cameron Elementary School has opened my riding's newest credit union, the

Cameron Youth Credit Union. This credit union opened in partnership with VanCity

credit union. We had Dave Mowat, Van City's CEO, on hand to help get the credit

union started. But the driving force behind this newest credit union in my

riding is Margaret Gardiner, branch manager of VanCity on North Road, and Sandra

Woodside, head teacher at Cameron.

The Youth

Credit Union has its own board of directors: CEO, Yun-A Park; president, Amanda

Chen; promotions, David Ma; secretary, Jovy Eramela; treasurer, Alvin Jang;

board assistant, Sean Choi; Zulybeth Galan and Jessica Lee. These are all

grade 7 students.

[1435]

To date,

this new credit union has attracted 87 customers with nearly $1,000 in deposits.

The credit union will teach children to save and plan for the future. Not only

do these students learn business skills, but they are earning money for their

school. For every new client signed up by the bank, VanCity donates $10, and

that's $878 to the school. This is an important program so that our next

generation will learn financial values and the values of savings.

I want to

congratulate the youth board of directors for a great job well done.

Mr.

Speaker: That concludes members' statements.

Oral Questions

B.C. RAIL PRIVATIZATION PROCESS

MacPhail: Last night in estimates debate the Minister of Transportation

finally abandoned his message box. I don't think he meant to, but he did admit

to a few things that haven't been previously admitted by this government. First,

he finally came clean and admitted what everyone else in the province already

knows: the Liberals have sold B.C. Rail Ltd. to CN — not leased but sold. He

also admitted

[ Page 10530 ]

that there is absolutely no requirement — not from the competition bureau,

not from the agreement with CN — that the terms of this deal be kept secret

from the public.

To the

Premier: why are he and his government continuing to insist on keeping the

details of this agreement from the public? What does the government have to

hide?

Hon. K.

Falcon: This member is a broken record in her ongoing attempts to try to

create misinformation around this deal, and it just frankly…. I don't know

whether it's just a complete lack of understanding on the most basic concept of

business transaction or if she's just trying to be disingenuous.

I've said

to that member and I'll say it again: the government, through B.C. Railway

Company, is the owner — the landlord of the railbed tracks and right-of-way.

Does she get that part of it? As the owner of the railbed and the rail tracks

and the right-of-way, we have a partnership agreement to lease the operations of

the railway to CN — who, by the way, will be investing some $5 billion of

private sector investment into a railway that will help revitalize northern

British Columbia and create enormous opportunities for the province of British

Columbia.

That member

needs to stop trying to misinform and get people thinking facts that aren't the

case and actually listen to the answers that I give.

Mr.

Speaker: The Leader of the Opposition has a supplementary.

MacPhail: Oops, oops, he slipped back into his message box. Someone must

have talked to him. Fortunately, we have Hansard , and everyone can go and

see what the minister has admitted to over and over in estimates.

Here's what

the minister also revealed. He also revealed that the cancellation of the sale

of the Roberts Bank spur has cost taxpayers $900,000. We actually have reason to

believe that the cost to taxpayers is considerably higher than that. Last month

the Minister of Finance assured members of the House that CN in no way received

any beneficial information from leaks, but yesterday that part of the story

changed too. The Minister of Transportation admitted that highly confidential

information was leaked from CIBC World Markets to CN at a critical stage in the

supposedly open bidding process — information that was supposed to go only to

the winning bidder.

Can the

minister…?

Interjection.

Mr.

Speaker: Order, please.

Interjection.

Mr.

Speaker: Order, please. The Leader of the Opposition has the floor.

MacPhail: I'm sure the Minister of Finance can stand up and answer if he

wishes. He's up to his eyeballs in this too.

Can the

Minister of Transportation explain how the confidential and competitive

information leaked to CN did not give CN a leg up in the bid to buy B.C. Rail?

Hon. K.

Falcon: You know, Mr. Speaker, the member knows we canvassed this very

extensively in estimates. She's actually got all these answers on the record.

This is just the member again trying to spread some misinformation, pretending

she's creating new news where none exists. This has been on the public record. I

encourage her to read the Charles River Associates report. It very clearly lays

out all that information. That was information that was going to the proponent

anyhow. They got it a number of weeks earlier, and that was all dealt with in

accordance with all the rules brought together….

Interjection.

Mr.

Speaker: Order, please.

Hon. K.

Falcon: The member is not listening again, and this is possibly why she

never gets the answers right.

[1440]

If the

member would just refer to the Charles River Associates report, the independent

fairness evaluator who came and reviewed and interviewed all of the proponents

— all of the people involved in the transaction — came forward very clearly

and said that not only was this a good deal, not only was this deal well run,

but the province achieved more than fair market for the investment partnership

with CN–B.C. Rail.

Mr.

Speaker: The Leader of the Opposition has a further supplementary.

MacPhail: Well, the Hansard record is far more interesting on what

the minister admits when he's not in front of the Premier. In fact, Charles

River Associates doesn't reveal any of this information. Here is what the

minister is not answering about.

Interjections.

Mr.

Speaker: Order, please.

Interjections.

Mr.

Speaker: Order, please, hon. members. The Leader of the Opposition has the

floor.

MacPhail: Here's new information we learned yesterday in estimates. CN had

this confidential information during the open bidding process for October 8, 9

and 10 before they were asked for it back. CN originally offered a 5 percent

rate reduction to shippers. Its final bid, after it had received this

confidential informa-

[ Page 10531 ]

tion, was a 7 percent reduction. What changed? Through an amazing

coincidence, CN received a leak of — wait for it — highly confidential

shipping rates paid by CN's competitors. That was the confidential information

they received — and they alone. How can we be sure that CN…?

Mr.

Speaker: Order, please. Order, please. It's time for the question, hon.

member.

MacPhail: I am putting my…. How can…?

Interjections.

MacPhail: Well, I'm sorry. I understand that the Speaker…. That's fair

enough.

How can we

be sure that CN didn't use this confidential leak to its advantage and not to

the advantage of the shippers in B.C.? What's to say that CN didn't use the

information to lowball their shippers discount?

Interjections.

Mr.

Speaker: Order.

MacPhail: They lowballed their shippers discount because of that

confidential leak.

Hon. K.

Falcon: I would remind this House that these are exactly the kinds of

conspiratorial questions that this member came up with ad infinitum in the

estimates process. You know, she actually got all these answers. I guess she

only reads one side of Hansard , and that would be her questions. Possibly

the challenge is that she doesn't listen to the answers, as we're seeing

displayed here again, because as I'm giving my answer….

Interjections.

Mr.

Speaker: Please, hon. members. The minister has the floor.

Hon. K.

Falcon: What I would say to the member is this: actually take the time to

read the Charles River Associates report, the independent fairness evaluator who

has an impeccable reputation internationally, who did a fairness evaluation. She

refuses to read the report that answers all of those questions to everybody's

satisfaction but, apparently, hers.

J. Kwan:

Since 1996, CN has donated more than $122,000 to the B.C. Liberal election

machine. Yesterday the minister coughed up yet another fact that we didn't know

about. According to the minister, CIBC leaked the information to CN in

mid-October of last year — only a few weeks before CN was handed the contract.

Let's be

clear. CIBC identifies CN as the clear favourite in September. A few weeks

later, CN is handed confidential competitive information, which it hangs on to

for at least three days — information that results in it changing its bid.

Subsequently, the other bidders pull out in protest.

To the

Minister of Transportation: will he just admit that CN had the inside track all

along and the government did everything it could to help the big election

financier win the bid?

MacPhail: They changed their bid on that information.

Mr.

Speaker: Order, please.

MacPhail: You're a lot braver now in this Legislature, aren't you? You're a

lot braver. Uh-huh. They changed their bid.

Mr.

Speaker: Order, please. The Minister of Transportation has the floor.

[1445]

Hon. K.

Falcon: Again, we canvassed all this information. Actually, this information

has been on the public record for a long time. In fact, I've had many scrums

with members of the media over this issue. If that member would take just five

minutes to actually read the Charles River Associates fairness report, in that

report it explains it all there. I think what that member needs to know is what

I told her in estimates. Apparently we're revisiting estimates.

Interjection.

Hon. K.

Falcon: Well, the member is not listening again. I think the member needs to

listen. Part of the reason you're not hearing this stuff is that you don't

listen. If you'd listen…

MacPhail: I know exactly what you said in estimates.

Hon. K.

Falcon: …I'm prepared to explain it.

Well,

that's right. Then you should know….

Interjections.

Hon. K.

Falcon: Mr. Speaker, it's a challenge to answer the question, because the

member opposite continues to make noise and, therefore, frustrates my attempts

to try and answer the question. One of the things that I've said to the member

before — I said it in estimates — is that she knows full well that that

information…. CN already had their bid forward. Their bid was in place.

MacPhail: They changed their bid.

Hon. K.

Falcon: No. As the member knows very well, we engaged in negotiations with

the lead proponent right up until the day before it was announced,

[ Page 10532 ]

and we got great value for British Columbians and the northern communities.

WORK OF LEAKY-CONDO TASK FORCE

Brenzinger: The constituents of Surrey-Whalley have been asking about the

status of the leaky-condo committee, of which I was a member. The Premier

created this task force to investigate the status of the leaky-condo crisis. A

report was produced and was reviewed by the Premier and the chair of the

committee.

My question

is to the Premier. Where is that report now, and why has it not been released to

the public? Or was this task force created to keep the members busy and the

public quiet?

Hon. G.

Campbell: As you know, Mr. Speaker, many people have been affected by the

challenges that have been presented by the leaky-condo crisis in British

Columbia. This government, in our caucus and our caucus committee, has asked for

a number of recommendations on how we might be able to move forward. We will do

that only after review with the cabinet.

However,

let me say quite clearly to the member opposite that I think she understands how

hard all of our MLAs are working to solve challenges in British Columbia, and

they will continue to do that.

IMPACT OF HEALTH SUPPORT WORKER

LABOUR DISPUTE ON AUTISM SERVICES

J. Bray:

As we know, currently there is the HEU job action that is occurring. Although we

see it in hospitals, it's in fact having impacts across the health care sector.

I've heard from many constituents in the last few days on those impacts,

including a mother of an autistic son here in Victoria whose services are being

withheld because of the HEU job action. These services include autism

interventionists and occupational therapists, who are unable to assist these

children in homes and day cares because of the HEU strike. These children depend

on a stable routine to ensure that they have the supports they need.

Can the

Minister of Health Services please tell me what options are available to this

mother and other parents who need these services and are faced with removal of

these services due to the strike?

Hon. C.

Hansen: I think the point the member raises and the concern by that mother

underscore the real hardship that British Columbians are facing because of the

strike action by the Hospital Employees Union. There are so many contradictions

in this strike. They claim that they are trying to protect patient care, and yet

they are denying patients access to the care that they want. They say they're

interested in collective bargaining, but they will not come to the bargaining

table to negotiate a new agreement.

As the

member may know, I talked to the Labour minister earlier today. I have asked the

Labour minister to intervene, because I think that this strike has gone on too

long. Too many people have been hurt. Too many mothers of autistic children have

been hurt, and too many other British Columbians are being denied the care that

they need. We will take the action necessary to make sure that the patients'

interests get put at the top of the agenda.

[1450]

B.C. RAIL PRIVATIZATION PROCESS

AND POLICE INVESTIGATION

J. Kwan:

As we know, CN has pretty close ties with this government. The Deputy Premier,

for example, had to absent herself from votes on the deal because of a potential

conflict of interest. While the Roberts Bank deal has been scuttled, the

government has said the main line deal is solid. Can the Minister of

Transportation tell us: if tens of thousands of electronic documents seized by

police in the seventh warrant have been fully reviewed by the RCMP, with the

police investigation still underway, how can the minister be certain that the

B.C. Rail deal isn't tainted by leaks of confidential information and

allegations of criminal activity?

Hon. K.

Falcon: You know, it is….

Interjections.

Mr.

Speaker: Order. Order, please, hon. member.

Order,

please. We'll continue when we have order in the chamber.

Interjections.

Mr.

Speaker: Order, please.

Hon. K.

Falcon: It's always interesting when…. I guess it's just out of

desperation, because they have no decent questions to ask, that they continue to

come back on questions that have long been answered and explained.

I will say

it to the member again. The member knows full well that the day I rose and

announced the termination of the port subdivision process, I read a statement. I

encourage the member to actually take some time to read the statement. The RCMP,

as that member knows full well, reviewed and approved that statement prior to my

reading it out. That statement said, in part, that there was absolutely no

evidence whatsoever to suggest that CN was in possession of any information with

respect to the main freight line deal. Those members appear to have a challenge

accepting that most basic premise.

I'm sorry

if you're failing in your attempt to continue to misinform, but good luck in the

future.

[End

of question period.]

Orders of the Day

Hon.

G. Collins: In Committee A, I call Committee of Supply. For the information

of members, we'll be

[ Page 10533 ]

debating the estimates of the Ministry of Transportation. In this House, I

call Committee of the Whole House for consideration of Bill 32.

[1455]

Committee of the Whole House

SOCIETY AMENDMENT ACT, 2004

The House

in Committee of the Whole (Section

B) on Bill 32; J. Weisbeck in the chair.

The

committee met at 2:56 p.m.

Sections 1

to 25 inclusive approved.

Title

approved.

Hon. G.

Collins: I move the committee rise and report the bill complete without

amendment.

Motion

approved.

The

committee rose at 2:57 p.m.

The House

resumed; Mr. Speaker in the chair.

Report and

Third Reading of Bills

Bill 32,

Society Amendment Act, 2004, reported complete without amendment, read a third

time and passed.

Hon. G.

Collins: I call Committee of the Whole for consideration of Bill 18.

Committee of the Whole House

MISCELLANEOUS STATUTES

AMENDMENT ACT, 2004

The House

in Committee of the Whole (Section

B) on Bill 18; J. Weisbeck in the chair.

[1500]

The

committee met at 3:04 p.m.

Sections 1

to 11 inclusive approved.

section

J. Kwan:

This

section amends the Health Professions Amendment Act, 2003, passed just last

October. The explanatory notes accompanying the bill say that this amendment

"corrects an error." Actually, what it does is replace the word

"possible" with the word "practicable," so it's more than

correcting an error. It's the changing of a word. I'd like to ask the minister:

is there a legal or practical difference between these two terms? Why is the

change necessary? It appears to me that it's more than an error. It's the

replacing of one term with another.

[1505]

Hon. C.

Hansen: What's driving the amendment was in fact a typographical mistake in

the legislation. As it had read before, it was saying that the committee must

investigate the matter raised by the "complaint," and it should have

read the "complainant." That is what we are correcting.

addition, while we were making the same change, the legislative counsel

recommended that we change the term "as soon as practicable" to

instead make it say "as soon as possible." That is simply to have more

consistency with other legislation. I gather legislative counsel is going to try

to do this across legislation as we move forward — to not use the word

"practicable" but instead use the word "possible." In legal

terms….

Interjection.

Hon. C.

Hansen: No. What it currently states…. Hang on one quick second. I will

get some clarification on that, and I will rise to my feet again in a moment,

Mr. Chair.

Bill 18, what is before us today is repealing

section 23. In

section 23 it will

remove the words "by the complaint" and substitute them with "by

the complainant as soon as possible." You have to go back to the original

Health Professions Act, because the amendment that was put in last year, which

had not actually been implemented, used the word "practicable." To

make it more consistent with other legislation, we're actually taking advantage

of this change today — the typographical mistake that's being corrected — to

also change the term from "practicable" to "possible" to

have it more consistent with conventional drafting practices across other

legislation.

J. Kwan:

In other words, there is no substantive difference. It is just a terminology

issue, and there is no legal substance to these two terms — practicable versus

possible.

Hon. C.

Hansen: That is correct.

Sections 12

and 13 approved.

section

J. Kwan:

The

section amends

section 12 of the Hydro and Power Authority Act. Last year we

amended

section 12 of the act to provide for the privatization of a part of B.C.

Hydro through the partnership with Accenture. In those amendments last year we

specifically exempted the Accenture partnership from sections 3 and 5 of the

act. With these amendments to

section 12 of the act, we are now removing any

mention of the word "partnership" and thereby any application of this

act to any firm Hydro may partner with in the future.

[ Page 10534 ]

The Premier

has made much of keeping B.C. Hydro's core assets and functions under public

control — the production, distribution and transmission of electrical power.

We have any number of cabinet ministers and government supporters now publicly

musing about building Site C and using the private sector to do so. Despite what

David Black says about Hydro building Site C as it has the proven expertise,

these amendments set the stage for Hydro to enter into a partnership with a firm

to build large-scale projects like Site C.

How will

these amendments, of course, impact on the Premier's pledge to keep Hydro's core

assets in public hands? When it came to not selling B.C. Hydro, as the Premier

promised during the last election campaign, we find a lease arrangement that

extends in perpetuity, as it has renewal options extending for 900 years beyond

the initial 90-year agreement.

[1510]

The

Attorney General, by all accounts, is a pretty good lawyer and will know that

any contract with renewal terms — provisions that extend beyond any reasonable

determination of the life of a fixed asset — is in fact a sale. I suspect that

as a politician, the Attorney General is somewhat embarrassed to have to defend

this so-called partnership with CN when the contract is explicit that it is no

such thing. It is simply a landlord-tenant agreement.

My question

relating to this

section of the act is: can the Minister of Energy and Mines

guarantee to this House that any new dams constructed by or on behalf of B.C.

Hydro will be owned by B.C. Hydro regardless of any partnerships and not subject

to any lease arrangements such as was entered into by the government with

regards to B.C. Rail?

Hon. R.

Neufeld: First off, there has been no decision to build Site C. There is a

request before the B.C. Utilities Commission to review Site C to see if that

would be an option for British Columbians, but there is in no way any decision

made on building Site C. That would be something that would take a lot of

discussion and consultation work with the B.C. Utilities Commission before any

of those decisions are made.

I want to

again stress, in case someone misunderstood some of the question, that the core

assets of B.C. Hydro are publicly owned, will continue to be publicly owned into

the future, have been publicly owned and will be publicly owned at least while

this government is in office.

J. Kwan:

If we use the B.C. Rail example, for which this government had used a

990-year lease with its core assets, you know what? By any stretch of the

imagination, one knows that in such an arrangement, where the renewal provisions

extend beyond any reasonable determination of the life of its fixed assets, it

is in fact a sale.

While the

minister says there is no determination as yet with respect to Site C…. The

question to the minister is, though: will the minister guarantee that any new

dams constructed by or on behalf of B.C. Hydro will be owned by B.C. Hydro

regardless of any partnerships that would be entered into, and that it would not

be subject to lease arrangements like that of the B.C. Rail situation?

Hon. R.

Neufeld: This has absolutely nothing to do with B.C. Rail — nothing at

all. This

section deals with B.C. Hydro and cleaning up the act to a certain

degree to make it more understandable and palatable to independent power

producers that wish to build projects to provide incremental energy moving

forward for B.C. Hydro.

As I said

earlier, there has been no decision made on the construction of Site C — none

whatsoever. In fact, B.C. Hydro, as I said earlier, has put some information

before the B.C. Utilities Commission, which will review all that information.

There has been no decision made.

The

Chair: I must remind the member to keep her questions relative to

section

J. Kwan:

Yes, and I use B.C. Rail as a way of an example where the government says

there has been no sale, when in fact….

The

Chair: Member, carry on, please. Keep your questions relative to

section 14.

J. Kwan:

I'm drawing the analogy of the government's action with respect to sales and

lease arrangements with the B.C. Rail situation. As I mentioned, a 990-year deal

in fact, in a sense, is no longer a lease arrangement but rather a sale, because

the term actually extends beyond the life of the fixed assets. The question

related to this

section of the act is about Site C in terms of any possible

partnership arrangements.

What is

clear from the minister's answer, then, is this. He is not prepared to commit on

record that this notion of partnership the government may well enter into, this

notion of lease arrangements in the case of B.C. Rail, is in fact a sale of B.C.

Rail. The government is not prepared to commit in this House with any new dam

constructions that they would not sell off that asset. The government would

actually ensure….

Interjection.

The

Chair: Order, please. Order. Member, keep your questions relative to

section

14, please.

Interjection.

J. Kwan:

The Attorney General can take the floor and answer the question if he wants

to. But the reality is this….

Interjections.

J. Kwan:

My goodness. The government members are just a little sensitive these days. I

wonder why that would be. Maybe it's because of all the different….

[ Page 10535 ]

[1515]

Interjection.

The

Chair: Order, please. Order, please.

Interjection.

The

Chair: Member, keep the question on

section 14, please.

J. Kwan:

Thank you, Mr. Chair. There are lots of sensitivities here around the government

bench. There's a lot of nervousness, and I wonder why that is, particularly from

the Attorney General.

Interjection.

The

Chair: Order, please. Order, please.

Member,

proceed.

Section 14.

J. Kwan:

You know, there are two opposition members. We're asking questions that are

completely legitimate within the debate of this bill. I asked a question about

guarantee from the government with any of this notion of a partnership that the

government would enter into with B.C. Hydro and this new dam construction with

potentially Site C — whether or not the government will sell its assets like

the government has done with B.C. Rail. That's exactly what this government

does. On the one hand they sell off assets that belong to British Columbians,

and then they turn round and say, "Oh no, we did no such thing," and

we've got to call it all these other things that they call it.

The

question becomes…. It's a critical one that I put to the minister. The

question is this. The minister would not commit on record to whether or not

he'll guarantee that any of these partnerships the government would enter into

with respect to new dam constructions related to B.C. Hydro would still remain

with B.C. Hydro — that they would be owned by B.C. Hydro. If the government is

so certain about its approach of not selling off British Columbia assets, then

the answer could have been, "No, we will not sell off B.C. Hydro assets or

British Columbia assets, and we'll say with any new dam constructions: 'Yes, the

answer is that it will be owned by B.C. Hydro.'" But the minister would not

give that answer, and I wonder why that is.

Interjections.

J. Kwan:

They say it's not relevant, just like the sale of B.C. Rail was not relevant to

the new-era campaign of the Liberal government that said: "We will not

sell…

The

Chair: Please, come on, let's….

J. Kwan:

…B.C. Rail."

The

Chair: Order, please.

J. Kwan:

I guess that commitment was not relevant. Yes. Yes, that's exactly what the

government is doing — promises made, promises broken. You know what? That's

not relevant to debate. Why? Because the government is embarrassed about it, and

they don't want to talk about it. That's why they say it is not relevant.

That's my

interpretation of the minister's answer to the question. It's a simple question

to the minister about making sure and guaranteeing to British Columbians that in

fact any of these new partnerships entered into with B.C. Hydro in the new dam

construction would be owned by B.C. Hydro, and the minister would not commit to

that.

At second

reading the Attorney General had this to say about these amendments: "Next,

Bill 18 amends the Hydro and Power Authority Act to increase B.C. Hydro's

business flexibility and to eliminate duplication and overlap. These changes

will allow the corporation to become more efficient and cost-effective, and will

also assist the corporation and government to implement a provincial energy plan

by supporting low-cost electricity." Can the minister explain just how

these amendments support low-cost energy when all new production is to come from

the private sector?

Hon. R.

Neufeld: Well, after that long-winded little spiel about B.C. Rail and about

privatizing B.C. Hydro, it's not untypical of the opposition member to try and

say things that are the furthest from the truth on a constant basis. After a

while, I think, she believes it herself. It seems absolutely ridiculous to me

for that member to stand up in this House and say anything about B.C. Hydro

being for sale. That's the most ridiculous thing I've ever heard.

This

government, under Premier Campbell's vision, has kept B.C. Hydro in the public

hands. We've kept its core assets in the public hands so we can actually

maintain the lowest rates in North America in public hands. The only

administration that I know of in the last little while that was contemplating

selling B.C. Hydro was the administration that that member was a part of. That

in fact comes out in the records. That comes out in the records of B.C. Hydro in

the voting.

Interjections.

The

Chair: Order, members, order.

Hon. R.

Neufeld: You know, I listened to you.

Interjection.

The

Chair: Member for Vancouver–Mount Pleasant, let's listen to the answer.

[1520]

Hon. R.

Neufeld: It was the last administration that wanted to sell B.C. Hydro. It

was the last administration that did a poll on how people would feel about

selling B.C. Hydro or B.C. Rail or all the Crown corporations. It was your

administration that did that.

We've never

done that. This is a public entity and will continue to be a public entity, and

we will continue to have the lowest costs going forward in British Colum-

[ Page 10536 ]

bia under the leadership of the Premier of this province. These sections will

help us continue to do that.

J. Kwan:

You know, I have to say that the government is a bit on the edge today. I wonder

why that is, Mr. Chair. Yeah, okay, there is one opposition member in the House

asking questions of the minister, and there are three ministers who feel they

must heckle the one opposition member.

So be it,

Mr. Chair. You know what? The minister says that the NDP was going to sell B.C.

Hydro. No, that is absolutely not true. The options were put before the minister

for full consideration, and the former minister rejected it, the former

administration rejected it, and no B.C. Hydro of anything was sold off under the

previous administration.

What is

clear, however, is that this government said they weren't going to sell off B.C.

Rail, and what did they do? They turned around and sold B.C. Rail. This

government said they did not privatize B.C. Hydro, and what did they do? They

brought in Accenture, pretty well to run the entire operation of B.C. Hydro.

They say:

"Oh, we didn't do that; we didn't privatize. We did all these great,

wonderful things." But you know what? They change the terms to mean

whatever they want them to mean, but the public knows the difference. You, the

government, Mr. Chair, can call the B.C. Rail lease, a 990-year lease, a lease

for all intents and purposes. The public knows that is a sale.

The

Chair: Member, member. Member, take your seat, please. Take your seat. Take

your seat. Take your seat, please.

Member,

we've asked several times now to stay relevant to this section. You are getting

back to the same tired argument here. Please stay current with the section.

Halsey-Brandt: I seek leave to make an introduction.

Leave

granted.

Introductions by Members

Halsey-Brandt: I'm very pleased that joining us in the gallery just above me

this afternoon is a grade 5 class from the Jewish Day School in Richmond led by

their teacher, Ms. Dodek. A number of adults have joined them on this trip to

procedure and decorum and good-quality debate, as we obviously have this

afternoon here in the House. Would the members please make them welcome.

Debate Continued

J. Kwan:

The minister didn't answer my question on

section 14. I asked the minister a

question about how these amendments would actually support low-cost electricity

when all new production is going to come from the private sector. The minister

did not answer the question.

I asked the

question of the minister for a guarantee that any new construction with new

dams, with partnerships with B.C. Hydro — whether or not he would guarantee

those would be owned by B.C. Hydro…. The minister would not provide that

guarantee.

At the end

of the day, what does it mean, and how does one sum up the information that is

before us — that the government has sold British Columbia assets in many

areas, as we have identified and seen throughout government? The government will

call it anything else but what it is and the truth of what it is. You know what,

Mr. Chair? This government can't try and fool British Columbians, because they

know the difference. They know what the government is doing, and they will hold

this government to account.

Lekstrom: Just a question regarding

section 14. When I read this, when we

talk about the Hydro and Power Authority Act,

section 12, removing the ability

of the authority to do the following…. It's the first bullet: "Demand

particulars from persons who own, operate or control power sites, power projects

or power plants." Can the minister explain just what that

section really

means in the context of, for instance, somebody putting water through a spillway

on a run of the river? That type of information I think is valuable to the

people in the area, to the environment and so on. In that context, how do we get

that information?

[1525]

Hon. R.

Neufeld: The information about the water and the spillways can be accessed

through the Water Act. That's where B.C. Hydro accesses its information, and the

requirements of how they operate are through the Water Act, so that can be done

through that act. The

section here,

section 12(1)(i), is actually a

section

we're removing that was used in the creation of B.C. Hydro under B.C. Electric.

It has been there, I guess, since the first B.C. Hydro act, and what we're doing

is moving towards taking some of those sections out. That's all that takes place

there.

Lekstrom: Just one follow-up question, then. Having another act to cover the

issue that arose is interesting and comforting to the people, I think, so they

know there are other areas of government legislation that cover that. Would that

hold true for the amount of power put back into the grid, for example, from

somebody that holds a power generating site? They're going to contract with

Transmission, I'm sure, with the amount of power. We would need to access that

type of information as well. Is that encapsulated within another piece of

legislation?

Hon. R.

Neufeld: If an IPP sells to B.C. Hydro and has a long-term agreement —

let's say a 20-year agreement — that agreement is directly with B.C. Hydro. If

[ Page 10537 ]

they have an agreement with BCTC to wheel power to, let's say, a large

consumer or if they want to build for export or something, then that agreement

would be with BCTC.

Section 14

approved.

section

Lekstrom: Under

section 15, where we talk about the Hydro and Power

Authority Act, sections 13, 21, 26, 28 and 29, it removes the following — and

I'm going to go to the last bullet: "that the authority submit an annual

report and financial statements for provision to the Legislature." Can you

minister explain the removal of that provision and why?

Hon. R.

Neufeld: This is just cleaning up, because that requirement already exists

in the Budget Transparency and Accountability Act.

Sections 15

to 18 inclusive approved.

section

J. Kwan:

section 19, the explanatory note for this

section says this amendment to the

Interpretation Act "facilitates the new table format for commencement

provisions by establishing a general rule respecting retroactive commencement of

provisions in

an act." But to read the amendment, one would be hard-pressed

to find any mention of the new table format — a format already in use in bills

before this House, including, in fact, this bill.

There is no

legal or parliamentary reason for the

Interpretation Act to be amended to allow

for the use of a table rather than what has been the case thus far of simply

listing the differing coming-into-force dates of any given act. What this

section does is captured in the explanatory note, where it says this amendment

establishes a general rule respecting retroactive commencement provisions.

It is

curious that this government has seen fit to amend the

Interpretation Act to

permit what, not too many days ago, the Minister of Finance, the House Leader,

argued quite strenuously was a perfectly legal and appropriate parliamentary

measure. In fact, the Government House Leader, the Minister of Finance, stated

that he had consulted legislative counsel before his December tax increase

announcement and was assured that all was in order.

[1530]

Yet here we

are today establishing in legislation the right to enact legislative provisions

including increasing taxes retroactively. Given that the Minister of Finance

says everything was done in order, one has to question why the

Interpretation

Act is now before the House with this amendment. Can the Attorney General tell

this House why this amendment is necessary, if legislative counsel says that

there is no need for it? Will the Attorney General table any and all legal

advice provided to the Minister of Finance in regard to retroactive,

retrospective legislation?

Hon. G.

Plant: The

Interpretation Act, which is being amended in this provision, is

a statute of general application. It accomplishes a number of goals. One of the

things it does is contain some

definitions or words that appear in a variety of

statutes. Sometimes in order to read a statute completely, you've got to make

sure that any particular provision you've got in front of you and the words in

it don't have a unique meaning that might be found in the

Interpretation Act.

So the

Interpretation Act is, among other things, a sort of users' guide to how to read

statutes. It sets out some rules and some principles about how statutes are to

be read, how they operate and their legal effect. What's being proposed here is

an amendment to streamline — I think the word is — in effect, the way in

which commencement provisions are to be drafted in statutes on a going-forward

basis.

There are a

number of ways you can draft commencement provisions. There are some changes

that have been made recently to try to change the presentation of commencement

provisions so that people can see more quickly when a particular

section comes

into place. Sometimes legislation includes provisions that are intended to

operate retroactively. The traditional practice that's been followed in this

House is that the bill that contains a retroactive provision will have at the

end of it a

section which says when that retroactive provision is to come into

effect and will contain language that expressly makes the provision retroactive

to the extent necessary to give it force and effect on and after that earlier

date.

What we're

doing here is nothing more and nothing less than removing the requirement to do

that in every single bill by creating here a general rule that will be found in

the

Interpretation Act. The way the general rule will operate is that anytime an

act contains a provision to the effect that it or some part of it comes into

force on a date that is earlier than the date on which the bill is given royal

assent, then the act or that part of it will come into force in accordance with

the provision in the bill. It will be deemed to have come into force on the

earlier date and will be deemed to operate retroactively, in the language used

here.

What it

really is, is sort of a legislative drafter's tool of convenience to help

drafters make legislation easier to read. Really, this is an initiative that

came forward on the recommendation of legislative counsel, who are always

looking for ways to make our statutes easier to read and use.

J. Kwan:

If the Attorney General says that this is just housekeeping in some ways, if you

will, to streamline all the other pieces of legislation where the government is

putting forward actions — for example, the tobacco tax that the government had

introduced prior to legislation being introduced…. Therefore, this

section of

the act would rectify that problem so the government can then introduce tax

grabs any-

[ Page 10538 ]

time they want without debate, because then all they can do is just fall back

on this provision to say: "Well, there's a provision that says we can

collect this illegal tax retrospectively" — in that instance with the

tobacco tax —" and so therefore everything is in fine order."

If the

minister says that is in fact the case, then on the question to the minister

about all legal advice that was provided to the Minister of Finance in regard to

retroactive legislation relating to the Tobacco Tax Act provision, will the

minister commit to tabling that information to this House?

[1535]

Hon. G.

Plant: All governments from time to time are required to legislate

retroactively. Certainly, the government that was in office when I sat in

opposition for five years legislated retroactively. All the retroactive

provisions contained in those bills back then had to have a separate provision

in each bill where such a provision was found to explain that the

section in

question or the portion of the bill or all of it would operate retroactively.

For

example, when the former government was required — as a result of the

litigation in the probate fees case in the Supreme Court of Canada

— to retroactively repair its collection of probate fees over a number of

years, it brought in

an act called the Probate Fees Act, I think. That act

contained a number of provisions that ensured that all of the tax that had been

collected under a provision which the Supreme Court of Canada had, in effect,

declared to be unconstitutional could nonetheless be deemed to have been

collected under a lawful provision.

There was

similar legislation introduced by the former government to repair some of the

challenges they experienced when they unlawfully attempted to administer gaming,

changes to gaming practice and policy. Again, that was legislation — it was

Bill 51 — that had retroactive provisions in it.

As I say,

all governments are required to legislate retroactively from time to time. I

think most governments, perhaps all governments, do so reluctantly, but

sometimes they do so because they have to. All that's being provided for here is

a change in the rules of drafting that will simplify, without affecting

substantively, the way in which retroactive legislation is drafted.

The member

may have arguments from time to time about whether legislation can be made

retroactive, either because she has concerns about parliamentary practice or

substantive law or just her sense of what makes good politics. Those arguments

will continue, and nothing in this amendment will affect those arguments one way

or the other. This is really just changing drafting conventions.

J. Kwan:

I will remind the minister…. I quote the Minister of Finance when asked the

question about the illegal tax grab on the tobacco tax. His response was:

"We did speak to legislative counsel before making this announcement and

were assured that it was in order." Of course, the government introduced

legislation after the fact with the tobacco tax, and the House was still

sitting, actually, on December 16. The government didn't introduce legislation

on December 16, but then on December 19 the government made this announcement

that they're going to have a tax grab of $6 million without the matter coming to

debate in the Legislature.

Now we have

this

section of the act,

section 19, amending all government actions. The

government would like to call it streamlining, but the reality, in my view, is

this. The government is paving the way for any mistakes it might make in the

future and is paving the way, actually, to justify the actions of what this

Minister of Finance had engaged in. That was essentially to engage in an illegal

tax grab.

The

Chair: Member, I must caution you on that. It is improper language to use in

this House, and you will have to retract that. Thank you.

J. Kwan:

Thank you, Mr. Chair. So we have

section 19 before us.

The

Chair: Member, I asked you please to retract that. You referred to a

statement as being illegal. I would have to ask you to retract it, please.

J. Kwan:

Well, I'll retract it. But you know what, Mr. Chair?

The

Chair: It is unparliamentary, member.

J. Kwan:

I will retract that. But you know what? The public knows what it is. The

government actually….

The

Chair: Member, unconditionally, please, retract that statement.

J. Kwan:

As I said, I retracted it, Mr. Chair.

[1540]

But I do

want to actually highlight an issue on which we're engaging in discussion under

section 19. That is that the government introduced and brought into force a tax

grab on British Columbians without having the matter come before debate in the

House. The House was sitting in the Legislature at the time when the government

brought this announcement to British Columbians on December 19. On December 16

the House was still sitting, just three days prior to government introducing

this tax grab. There was nothing introduced in the House, and then three days

later they introduced this tax grab without any legal authority — because the

matter has not been debated in the House, and it was retroactive.

The

Chair: Member, take your seat, please. Take your seat, please. Member, the

Speaker….

Interjection.

[ Page 10539 ]

The

Chair: Member, the Speaker has ruled on that issue, and the matter has been

put to bed. Thank you very much. Proceed now with

section 19.

J. Kwan:

Thank you, Mr. Chair.

I'm using

this as an example to highlight the issues being raised under

section

Section 19 before us is dealing with a situation where the government is

allowing, from now on, for any retroactive legislation that could come into

force, in what this Attorney General says is just simply streamlining. But in my

view, as I stated, it is to cover the government's tracks in terms of what the

government has done. The most recent example is the tobacco tax.

If the

Attorney General and the Minister of Finance are so confident with their actions

to date, why won't they just simply commit to providing all of the legal advice

and documentation they have received regarding the tobacco tax for this House's

information so the public can judge for themselves in terms of what that legal

advice is? They can make that determination. For this government, the Minister

of Finance and the Attorney General to say: "Everything is just fine. Just

trust us…." The track record of this government's word has been anything

but trustworthy to date.

Hon. G.

Plant: I should explain a little bit more, perhaps, about how the provision

will operate. As I said earlier, all legislation — well, almost all

legislation — has some commencement provisions. Sometimes the bill doesn't

have a commencement provision because it simply comes into force on royal

assent. But oftentimes legislation has a commencement provision or more than one

commencement provision because the intention is to phase in the operation or the

implementation of the legislation to allow for regulations to be drafted or

something similar. Commencement provisions are certainly a familiar feature of

legislation.

As a result

of the change in drafting practice that is already being implemented and the

change in procedure that will be permitted by the passage of this amendment,

what members interested in looking at legislation will see is a slightly

different set of provisions and a slightly different-appearing set of provisions

around commencement.

Now, as I

said earlier, occasionally governments are required to legislate retroactively.

All governments do it. The member clearly has an interest politically in the

subject of retroactive legislation. So, now the question before the House is

this: does this legislation, this bill, do anything that would remove the

ability of the opposition either to identify that a provision is retroactive or

to debate that issue of retroactivity? That is, is there something before the

chamber that would allow government to hide or obscure that it is attempting to

legislate retroactively? The answer is: there is not anything here that will

hide retroactivity.

Any statute

that has any provision in it which needs to operate retroactively will have a

commencement clause that will identify that fact at the end of the bill. There

will be a commencement clause which says that the act comes into force on a

particular date. In fact, I suspect in most, if not all, cases there will be a

title to that provision which will expressly identify that the

section is

intended — or some

section is intended — to operate retroactively.

[1545]

The member

can't stand it when she is corrected. She can't stand it because she knows she's

wrong, and she won't answer. In fact, I say: let's hear from the member. Let's

have a chance to hear from the member in her chair on the fact that we've

answered her question. What are the concerns she has about the section? Her

concerns apparently may not extend to continuing the question on this section.

The fact is

that all this does is change the way in which retroactive provisions are

presented in legislation. Any member who has a concern about an issue of

retroactivity will have all the opportunity they need to pursue that issue

vigorously, and I'm sure that it will be pursued vigorously whenever the issue

arises.

Sections 19

to 45 inclusive approved.

Title

approved.

Hon. G.

Plant: I move that the committee rise and report the bill complete without

amendment.

Motion

approved.

The

committee rose at 3:46 p.m.

The House

resumed; Mr. Speaker in the chair.

Report and

Third Reading of Bills

Bill 18,

Miscellaneous Statutes Amendment Act, 2004, reported complete without amendment,

read a third time and passed.

Hon. G.

Collins: I call Committee of Supply for the consideration of the estimates

of the Ministry of Advanced Education.

Committee of Supply

The House

in Committee of Supply B; J. Weisbeck in the chair.

The

committee met at 3:49 p.m.

ESTIMATES: MINISTRY OF

ADVANCED EDUCATION

(continued)

On vote 9:

ministry operations, $1,898,849,000 (continued) .

Hon. S.

Bond: Mr. Chair, I would just like to introduce the staff that are with me.

I have with me my

[ Page 10540 ]

deputy minister, Philip Steenkamp; Tom Vincent, my assistant deputy minister,

student and strategic services division; and Arlene Paton, the director of the

public institutions branch.

[1550]

J. Kwan:

Prior to the lunch break in the estimates of Advanced Education, I was

asking the minister questions about the on-line piece on the provision of

advanced education. The minister committed to finding out for me some

information with respect to that — the actual cost to deliver the on-line

education on a per-space basis and if there is a wait-list in British Columbia

for people to try to get into on-line learning. I believe the minister actually

didn't have the exact information on the tuition fee piece. Oh no, the minister

did have the information on tuition. She said the tuition is the same, which

raised, in my view, the important point of finding out how much it costs to

deliver the on-line learning so that we can compare that information.

Now, on the

comprehensive strategy that the minister talked about and that's included in the

throne speech with respect to increased access to advanced education, there were

other things within it that the minister mentioned. One was the issue of

targeting the aboriginal community with respect to access to advanced education.

I wonder if the minister could elaborate on the work that the government is

doing with respect to that — what programs, specifically, are in place and any

updates the minister might have with respect to that.

Hon. S.

Bond: In terms of our work with first nations students and the opportunities

that we have, we have actually done a considerable amount of work on the

aboriginal policy framework. One of the things that we wanted to do was be sure

to be inclusive and make sure that first nations were providing the leadership

as we looked for input. Very recently, within the last couple of months — the

days fly by — we held a forum called Open Space. We brought together

leadership, educators — just an incredible group of people from across the

province — to talk about aboriginal and first nations student needs. That was

one of the goals we had set working with the first nations leadership.

Secondly,

we have just recently provided funding for there to be a position called a first

nations education steering…. Actually, that's the committee that we're working

with — a coordinator, $90,000, so that we can work more closely together with

first nations organizations. In addition to that, we continue to fund $1.5

million — it was previously $1.3 million; we raised the dollars in that

particular fund to $1.5 million — in the aboriginal special projects fund.

One of the

things that's critical to me is that as we move forward with those funds and

with the projects that are in place there, we involve the first nations

leadership and educators around the province in the effectiveness and the

appropriateness of those particular projects — working very closely with first

nations in order to, frankly, improve the participation rates of aboriginal

students in post-secondary institutions.

J. Kwan:

A number of questions for the minister. First, the first nations community that

the minister says she's working with — who are they?

[1555]

Hon. S.

Bond: First of all, we are trying very hard to involve a broad spectrum of

people in the first nations community. For example, at our Open Space

conference, which was a forum designed by first nations people actually, with

the format we included the First Nations Summit, the Union of B.C. Indian Chiefs

and several urban aboriginal organizations. We also included representatives of

the Métis organizations, and we involved people who teach and are involved in

the post-secondary system. We brought band coordinators together as well as

first nations coordinators from throughout the college system.

We are

working very hard to receive their input to look at how we can better serve the

needs of their students in this province. We think it is important that they

provide that kind of input. I'm really pleased about the ability to bring

together a coordinator, which we just recently funded and which is not even in

place yet. I think that in the very beginning of May that position will be in

place. I have had the opportunity on a number of occasions to meet with Grand

Chief Ed John as we, together, try to figure out how best to serve the needs of

aboriginal students.

J. Kwan:

The committee that the minister talked about — who is on that committee?

Hon. S.

Bond: The first nations education steering committee is not one of

government's. It is actually a product of the First Nations Summit. They bring

together representatives from all across the province to discuss first nations

education issues. I believe there is one on the K-to-12 side as well, and I'm

not sure if they're part of that particular group. There are leaders from all

across the province, and it is through the first nations education steering

committee that we will be providing the funding for a coordinator's position. A

couple of the names that come to mind in terms of committee membership would be

Nathan Matthew and Christa Williams. We meet with them — certainly not

frequently, but we have met with them — and they are the connection to the

First Nations Summit.

J. Kwan:

The coordinator, presumably, came out of the recommendation of the

committee. Am I right in assuming that? In that instance, does the coordinator

work for the committee, or does the coordinator work for the government?

[1600]

Hon. S.

Bond: The coordinator will be employed by the first nations education

steering committee. One of the reasons it was important was that much work had

[ Page 10541 ]

been done on the K-to-12 side, and there was a more collaborative approach

there. So while the person will be an employee of the first nations education

steering committee, our expectations are that they would liaise with government

so we can do a better job of serving the needs of aboriginal students. There

will be a role of liaison with the government, but ultimately the money will go

to the first nations education steering committee for them to employ the person.

J. Kwan:

So the position is funded by government, but the individual is chosen by the

committee, and for all intents and purposes, the person actually works for the

committee. Okay. The minister says that the individual has been chosen already,

so that position is up and running?

Hon. S.

Bond: It certainly will be a competitive process led by the steering

committee. That is a process they will put in place. I'm not certain of the

status. We're not sure if it's actually been posted or if they've done

interviews, but it will be up to the first nations education steering committee

to choose the person they think will best be able to help them provide

leadership through the committee.

J. Kwan:

Under the special projects account, if you will, for the aboriginal

community, the minister says there is a $1.5 million budget for that. What are

the programs under this $1.5 million special account?

Hon. S.

Bond: The goal of the program is actually to have a partnership between

post-secondary education and an aboriginal organization. Typically, it can be

between a public post-secondary institution and either bands or tribal councils

or aboriginal advisory councils.

The

programs that have been sponsored over the last number of years are…. There's

a large number of them, and they are very diverse. They include things like

justice, trades, teacher training, adult education, social services, natural

resources, administration and creative writing. They can also provide additional

supports to institutions or to bands or just help students be more successful in

their education.

A committee

is put together with first nations representation that actually reviews the

proposals and makes the selections, because we obviously get more proposals than

we have dollars to fund. It's been very successful. I don't have the list of all

of the projects that have been completed and supported over the last year, but

I'd be happy to get that information and send it to you in terms of the

specifics of those programs.

J. Kwan:

Are these grant applications to which community groups apply? I'm not sure

if I'm following at all what the program is exactly.

[1605]

Hon. S.

Bond: The current amount of funding in the program is $1.5 million. What we

wanted to make sure we do is spread the availability of those dollars across any

institution that has first nations students or interests. First nations

representation actually select the proposals. An institution might have a

particular need for their students in a particular area. It has some sense of a

competitive process, but it's not granting in that sense. It is a pool of

dollars which all the institutions, universities and colleges, are aware of.

Together, first nations coordinators, for example, can generate the request and

work with their institution.

It is about

partnership. We do expect post-secondary education institutions to partner with

an aboriginal organization. It is a competitive process. We increased the pool

of dollars available to $1.5 million this year. It was $1.3 million last year.

J. Kwan:

Okay. So the $1.5 million in this special account are dollars set aside for

institutions that have something to do with aboriginal students and aboriginal

programs within their institutions. I think that's what I can gather from the

minister's comment to date.

I'm just

trying to figure out how this works, as an example, and therefore how it

translates on the ground for an aboriginal student, let's say. Can the minister

give me an example of one program with one particular institution — what

dollars it receives from government through this special account and what it is

trying to achieve?

Hon. S.

Bond: Certainly. Probably the best way for me to explain it is to give you a

couple of examples, because there have been some extraordinary opportunities for

aboriginal young people. Let me give you an example. At University College of

the Cariboo, the aboriginal…. This would have come out of the aboriginal

special projects fund. The aboriginal youth skills training program, for

example, received $67,655 for recruitment, student support and program delivery.

It was a summer training program at various locations in the city of Kamloops.

The program

began with 14 students. Students earned occupational first aid, work-safety

ergonomics, transportation of dangerous goods, WHMIS, transportation

endorsement, fire safety, confined space, fall protection. Thirty percent of the

students were able to find full- or part-time work, and an additional 30 percent

of the students are now actively pursuing post-secondary education. The

University College of the Cariboo and their aboriginal coordinator and a

partnership would have created this particular program in meeting a particular

set of needs.

That was at

the University College of the Cariboo. Let me give you an urban example.

Capilano College did an aboriginal film and television production program. It

developed a second-year diploma program. They received $75,000 from the project

fund for curriculum development, and what they did was create a 28-week ongoing

program, including a five-week practicum, that provides aboriginal students with

high-quality production training from the aboriginal perspective. It is

base-funded by the college.

We've had

two classes — 20 students and then 18 students. The good news about that was

that while it

[ Page 10542 ]

started as a pilot project funded with some seed money, that program has

actually been rolled now into Capilano's base programming. The other thing is

that it's developed an incredible relationship with the aboriginal arts

department at the Banff Centre for the Arts, which allows for that transfer to

advanced work-study or non-credit production training at the Banff Centre.

Those are

the kinds of excellent programs that the fund begins. Then institutions from

there hopefully roll it into their base programming.

[1610]

J. Kwan:

The partnership that the minister talked about in these kinds of initiatives —

what role does the partner play with the institution?

G. Hogg:

I seek leave to make an introduction.

Leave

granted.

Introductions by Members

G. Hogg:

In the precincts at this very moment we have a group of exciting, dynamic

students from H.T. Thrift Elementary School in Surrey, along with parents and

their teacher, Mr. Daggett. Would the House please make them most welcome.

Mr. Chair,

if I may use the prerogative while upon my feet, I'd also like to state that in

the precincts today were 37 grade 5 students from Star of the Sea Elementary

School, along with their teachers, Mr. Durante and Ms. Kaye Kyne. They had many

dynamic, exciting questions, as did the students from H.T. Thrift. I'd like the

House to also make them most welcome.

Finally,

wanting to give the Minister of Advanced Education as much time as I possibly

can for her to confer with her staff and get everything exactly correct for the

questions from the opposition, in the precincts today was Mr. Shivdave Lalari.

He was with members of the Sikh community to celebrate the 400th anniversary of

the Guru Granth Sahib temple.

I would

also like to introduce Ms. Kuldip Lalari. Kuldip is the mother of one of our

dynamic and exciting caucus staff members, Terry Lalari. She's also well known

for making wonderful samosas for caucus. I would like the House to please

recognize them today at this point.

Interjection.

G. Hogg:

Was the Attorney General asking to come to our office and eat the samosa? Was

that the…?

Hon. G.

Plant: For the samosa.

G. Hogg:

For the samosa. Thank you very much.

Debate Continued

Hon. S.

Bond: In terms of what role the first nations have in these aboriginal

special projects, certainly it's different in different circumstances. For

example, they might be in an advisory capacity in curriculum development,

because what's incredibly important is that we have an appropriate cultural

perspective. Very key is the preservation of language, so they are often

involved in those roles. They also have helped with labour market needs,

assessing how best first nation students can fit into the workforce. We also, in

some cases — and it's not as frequent as some of the advisory capacities —

have actually delivered services on reserve. Obviously, they're then involved in

the actual delivery. So it's a wide variety of ways, but there is an assumption

of a partnership that the post-secondary institution should be able to

demonstrate.

J. Kwan:

I'm glad to hear the minister's answer. What I was trying to get at and what I

was hoping for is that it's not contingent on first nations communities

partnering up with financial contributions. I worried about that, if that was

the case. Obviously, that may not be feasible for a lot of the first nations

communities to participate in. I'm glad to hear that is not the criteria and

that, in fact, partnerships are looked at in a much broader context than that.

In terms of

the students' participation in these various programs, what process does one go

through to try and get access to these kinds of initiatives?

[1615]

Hon. S.

Bond: Well, again, there isn't sort of a one-size-fits-all answer to the

question, because it's a mix of programs. Even in just the two examples that I

gave the member opposite…. Both of them, by the way, give me incredible hope

for opportunities and expanded opportunities for aboriginal students, and I

think we are working very hard to do that.

One of the

examples included students in grades 6 to 8. That perhaps was a partnership

between a school district and a post-secondary institution. One of the

challenges we find is, obviously, keeping first nations students in K-to-12, and

we're trying very hard to look at recruiting and retaining those students. If

typically students are members of a college or a university, though, those core

courses would be offered just like any others, and students could choose to

participate.

Another way

is that when they're offered on a reserve, the local community does a lot of

work to actually recruit and bring the number of students necessary. If you were

going to offer an LPN course, for example, they need to make sure there's the

critical mass necessary — a variety of ways. In essence, that's why it's

targeted funding, in a sense, to try to reach the particular group that we want

to try to attract to the system — a mix of programs and a variety of ways of

trying to bring students into those programs.

J. Kwan:

The programs that the minister talks about — I presume that the funding they

receive from government would be one-time funding only. Have

[ Page 10543 ]

there been instances where programs have proven to be successful and the

government has actually decided, "Hey, you know, this works, so let's fund

it and give it core funding," so that it could sustain itself year after

year to maximize the potential from these kinds of initiatives?

Hon. S.

Bond: That's a good question. One of the programs I gave an example of was

the Capilano program. In fact, that one was so successful. Of course, Capilano

has a great focus on things like film and production and those kinds of things.

These are pilot projects. The member opposite is correct: it is one-time

funding. One of the challenges we face is then, if those projects are

successful, moving them into an institution on a regular basis. What we have

done and what we encourage institutions to do…. There is no blanket funding

that goes with it after that point, and that's one of the challenges.

Institutions, though, have chosen, seeing the success of the programs, to roll

them into their core program offerings. They take some of the new FTE growth

that we have added. For example, out of the 25,000 seats, they could choose to

take 14 seats and replicate this program.

[1620]

But it is

an issue that we need to work on, on an ongoing basis. The point is obvious.

It's one-time funding, and we need to make sure that we are evaluating those

programs. And if they are successful for first nations students, we need to find

a way to make sure they continue on into core programming.

J. Kwan:

In the instance with Capilano College where it's the curriculum development,

it's easy for it to be duplicated because once the curriculum is developed, you

can use it time and again. But with some of the other programs that the minister

highlighted in the House today, it seems to me that those are not easily

duplicated unless you have ongoing funding for them. It's more than an issue of

the institution just accepting it as a curriculum within their institution.

On that

basis, I would argue that there is a need and a mechanism for the government to

actually come forward with ongoing core funding for these initiatives. The whole

purpose, I think, with pilot programs is to test them to see whether or not they

work. Then once we figure that out, if they do work, it's to keep it going so

that you can maximize the success of that pilot initiative.

So I hope

the government will actually undertake to do that work as part of this new

comprehensive strategy. I also hope it's not going to be a case where the

government will say, "Yeah, okay. So we see that these initiatives

work," but instead of funding it, giving it new additional money, it just

tells the institution to rob Peter to pay Paul. We know that with those kinds of

practices, all it does is prove to be divisive and prove to be, I think, very

unfortunate in many instances. Sometimes in that kind of approach, instead of

all the good intentions that were there, the good intentions are then lost

because of the funding pressures, and then the good work that has been

established will be lost through time. That would be most unfortunate.

So I hope

to see in the government's budget next year that there will be specific targeted

dollars for these initiatives, for ongoing funding for successful pilots. I'll

be canvassing those questions with the minister next year in the estimates

debate to see how we're doing. I'm just going to flag it for the minister. It's

going to come back again next year on that.

Okay.

That's the aboriginal special projects. Now, on the literacy fund, the minister

says that the funding has increased to $1.4 million. Maybe, first of all, the

minister can give me some information on what that entails in terms of the $1.4

million for the literacy initiative.

[K.

Stewart in the chair.]

[1625]

Hon. S.

Bond: The fund that we're talking about here is called the adult literacy

cost-shared program. I'm actually pretty proud of the fact that we just doubled

the funding to this as our commitment. Certainly, the Premier has made it clear

— and we agree — that literacy is absolutely critical for British Columbia

and for people who live here, so we recently doubled our commitment to the adult

literacy cost-shared program. Previous to this, we had contributed $700,000

annually. It is ongoing funding. It is part of our budget. We have doubled that

now.

It is

cost-shared with the federal government. They currently contribute $944,000 to

this program, and you should know we are urging the federal government to match

those dollars. We'd love to have them double their contribution as together we

tackle literacy issues in British Columbia.

One of the

things I appreciate most about this program is that much of the provincial

funding goes to community-based literacy groups. One of the things they do a lot

in the province is train volunteer tutors, who deliver one-to-one literacy

instruction. It also supports a number of activities such as family literacy.

I can't

begin to think how much more we're going to be able to do by doubling our

contribution, and just think what the possibilities would be if the federal

government came to the table with us as well. In essence, it is an opportunity

for us to work particularly with small community-based literacy groups in

supporting the work they do to provide tutoring and training opportunities in

the province.

J. Kwan:

The minister says she is proud that the government has doubled the funding in

the literacy funding initiative to $1.4 million. It's true. It's good that the

government has provided the dollars in this area, but on the other side of the

coin, the government has also put a lot of pressure on the adult basic education

initiative. That kind of counterpressure, in my view, doesn't make sense.

If the

government is serious about literacy and trying to address the issue around

literacy across British

[ Page 10544 ]

Columbia, then we need to look at it from a comprehensive point of view and

across governments in terms of strategically funding these kinds of initiatives.

Yet the ABE program has been under tremendous constraints in terms of funding

pressures under this government's administration. In fact, when we were doing

estimates debate with the Minister of Education in the K-to-12 sector, I asked a

question in terms of the literacy initiatives from that ministry and whether or

not there are specific targeted dollars for children in the K-to-12 sector in

that area. The minister replied they have no funding, at least at this time,

with respect to that.

The other

issue that has been highlighted in the estimates debate in the K-to-12 sector is

this. We have study upon study that says the library services within schools and

teacher-librarians actually do make a difference in student outcomes and their

achievement outcomes, particularly in the area of literacy and numeracy.

In spite of

that, we see a situation in the K-to-12 system where the ratio of students to

teacher-librarians has actually increased significantly from 400 to 700. That's

one per 700 students. In fact, a report came out that talked about a crisis

situation in the library system in the schools, so the counterpressure, if you

will, of the government's approach to literacy is baffling. On the one hand, the

government says it wants to address literacy, but on the other hand, you see

programs that are suffering within the government's system.

Therefore,

if we really want to address literacy, it leaves one wondering why that kind of

situation exists within the government — why those counterpressuring points

exist to perhaps offset the good work that's being done in one sector and then

offset by another sector where funding pressures exist to potentially eliminate

the gains one could receive from different programs across government.

[1630]

I just want

to bring that to the minister's attention. Now, is it the case, as far as I

understand it, that the Premier is establishing some sort of committee on

literacy? I don't think that committee has been put in place yet — a committee

or task force, whatever the term was that was used in the throne speech. Is the

Minister of Advanced Education involved in that? Presumably, the minister

will…. I shouldn't presume. Will the Minister of Advanced Education be on this

task force?

Hon. S.

Bond: While the actual committee — I don't know the name of it, task

force, committee, whatever it is — has not been announced, certainly our

ministry will be one of several that will be working on the literacy initiative.

It's important to all of us and certainly my ministry, and because of the

initiatives we have here, it's a key foundation to the pieces that we're doing.

I should

also point out that at the recent meeting of Ministers of Education across

Canada, literacy was one of the issues that we brought to the table, knowing how

important it was to British Columbia, and that it was an initiative also being

considered by the first ministers as well. We think it's incredibly timely and

very appropriate that B.C. take the lead in the issue of literacy across the

country, and that's what we intend to do.

In a more

brief answer to your actual question, yes, we will be involved.

J. Kwan:

I would say this to the minister as well, given her involvement in this area,

that it's counterproductive for government to be saying they are targeting

literacy issues in British Columbia, on the one hand, and then increasing the

funding; but then on the other hand, in another ministry, reducing the funding

or seeing pressures mount that would impact literacy and the advancement of the

successes that one is trying to achieve.

Given that

that is the situation before us, if we keep going down this road, really the

successes that you might be able to gain through this ministry's work are going

to be offset by the pressures and the budget reductions in another ministry. At

the end of the day, the net result may well be a zero gain, and worse yet, it

could actually set us back in trying to advance in the area of literacy. I want

to bring that to the minister's attention in her work with the government with

respect to this.

Is the $1.4

million in the literacy initiative targeted towards what the government had

highlighted in the throne speech, or are there going to be additional dollars

towards the throne speech commitment on addressing literacy?

Hon. S.

Bond: The $1.4 million is out of our budget and will deal with the issues

that we have around the adult literacy cost-shared program. It's my

understanding there will be additional dollars attached to the literacy agenda,

but that's obviously a bigger agenda than mine.

J. Kwan:

Then the expectation is that there will be additional dollars to this new

initiative that the government talked about in its throne speech. The Ministry

of Advanced Education would not be expected to take money out of its existing

budget towards the initiative that was announced in the throne speech.

Hon. S.

Bond: The $1.4 million comes out of my budget.

J. Kwan:

Could the minister update me on the status on the ABE program, please?

[1635]

Hon. S.

Bond: Certainly. Adult basic education is part of a package of programs we

call developmental programs. That's really our generic name. We have a cluster

special education. Those courses are delivered in 19 of our post-secondary

education institutions. Since I've been the minister, we have included in our

budget letters a highlight that

[ Page 10545 ]

adult basic education is a priority for us and that it should be reflected in

programming at institutions.

We have

recently added to our service plan the indication and the intent that we will

and adult special education. What we're currently doing is developing the

baseline data that's necessary so that we can measure how institutions are doing

in terms of targets that are set for them. At this point in time we have

indicated to institutions an individual target in terms of the number of seats

that are offered at their institutions.

We're in

the process of developing baseline data. Of course, that takes a bit of time.

We're looking at '03-04 data, and we'll be putting those into targets in the

future. The intent would then be to look at increasing those numbers, but first

we have to develop the baseline data. The key point is that we continue to make

it a priority, and we have set targets in the institutions' budget letters

around their numbers.

J. Kwan:

Let's begin by getting some comparisons, then, in terms of how we're doing, if

it's government's priority. For the budget years 1999-2000, 2000-01, 2001-02 and

then '02-03 and '03-04, etc. — to date — what were the budgets for those

respective years for adult basic education?

Hon. S.

Bond: We don't have the budget numbers for the past number of years with us.

One thing I can say is that we are continuing to include targets in

institutional letters. The goal of our service plan is to create baseline data.

The subsequent output would see us maintain or increase those numbers as the

years move forward. We don't have those budget numbers from 1999 with us.

J. Kwan:

I'm sure the minister can get that information. Not for today, but if the

minister could get that information and submit it to the opposition, I would

appreciate that.

The reason

why I actually want to see the information year over year is to see, first of

all on the funding side, where things are at — has it improved; has it stayed

the same; has it decreased? — what the situation is. That's one thing.

[1640]

I think,

actually, that the ABE pressures…. As I've mentioned, I know some institutions

had to reduce the number of seats because of funding pressures within their

system. We know there are ramifications, but to what extent the ramifications

are across the province I do not know, and I would like to receive that

information from the minister.

In addition

to the funding question, the other side of it, of course, is enrolment in terms

of how many students actually got access to the ABE programs throughout the

course of the respective years. I suspect the minister doesn't have that

information right now — over the years. If she does, I would be happy to

receive it. If she doesn't, if she could commit to providing that to the

opposition as well.

Hon. S.

Bond: We obviously have included, across the system, block funding. While we

don't target dollars specifically, what we have done, because of the importance

of ABE, is actually included targets for those particular programs. We will work

to get the information the member opposite has requested, and Tom has added that

to his list for me.

We have

made progress in terms of the process here. I will read one paragraph that

demonstrates…. It's from a faculty association. It says: "We also

appreciate the inclusion of developmental programs in the group of new-era

program-specific production targets. We joined many others in advocating for

such targets and wish they had been in place two years ago."

I think we

have made progress. Those targets are now included, and while the money is sent

as block funding…. Schools and institutions have to respond to student demand

and need, and the demand in some areas is sometimes greater than they would have

anticipated, but it's also lower in some places. Block funding gives them some

flexibility, but we also, for the first time, now have targets around

developmental programs.

J. Kwan:

I should say that the information I'm seeking from the minister would be, in

addition to enrolment, the number of spaces offered — in addition to the

funding question. Obviously, enrolment is one thing, but how many spaces are

available is another thing. The third thing I should add to that would be

wait-lists — whether or not there are wait-lists across the province in the

different institutions.

The issue I

know institutions are faced with is because funding for post-secondary

institutions is inadequate, many of them actually had to cut significant

programs. I know ABE has been one that has been impacted for some institutions,

not necessarily because the institution wanted to do that but because of funding

pressures. They simply did not have enough moneys from government to provide for

the programming that is required, so they had to make tough decisions as a

result of that. I don't necessarily blame the institutions for those decisions;

rather, the issue rests with whether or not there was adequate funding from the

provincial government to begin with for them to deliver these programs.

That

information would be useful and helpful in trying to have a better understanding

of what it looks like out there with respect to adult basic education

initiatives, to tie that into the government's commitment with respect to

literacy.

[1645]

The

baseline data the minister is talking about. Could she please elaborate on what

she means with respect to this baseline data? What information is she trying to

gather with the baseline data?

Hon. S.

Bond: We're going to establish the baseline based on the actual FTEs that

are reported for 2003 and 2004. That baseline can't be finalized until the

audited FTEs arrive and are available to us — that information.

[ Page 10546 ]

That won't happen until after May 15, 2004. Within a number of weeks we'll

have the audited numbers. The 2004 and 2005 budget letters — we call them

budget and accountability letters — set individual institutional FTE targets

for the developmental programs for those institutions that offer programs.

We should

say that we work really hard with institutions to make sure the numbers we're

looking at are within their capacity. We want them to be successful and meet

student needs. The targets are overall targets for developmental programs. We

language and adult special education. We haven't broken those down. It's an

overall target so that institutions can look at the needs of their students.

What we did

when we developed those targets for their letters was take into account the

number of developmental programs FTEs that were delivered by the institution for

the past three years, the percentage of programming devoted to developmental

programs compared to similar institutions, the location — we looked at whether

you're rural or urban — and other factors. Those were provided to institutions

in January. Actually, it wasn't quite January; it was within the last number of

weeks. In essence, we're trying to determine how many they've done over the last

three years, where they are and what the needs are. Once we have the audited

numbers, our baseline — we had to have credible data — will start in our

next service plan.

J. Kwan:

I should just clarify one thing. In the information that I was seeking from the

minister, I talked about ABE, adult basic education. In that I should include

whole program in terms of the ramifications towards literacy in this sector.

When can

the minister expect the baseline data that they are trying to put together would

actually be available?

Hon. S.

Bond: We'll receive the data sometime after May 15. We'll be working on it,

obviously, through June and the summer as we put the baseline data together. It

is being created in order to put it into our next service plan.

J. Kwan:

The targets that the ministry is trying to set in this area — when will

the minister finalize those targets?

Hon. S.

Bond: The targets for this year we've already determined. That was done

after a process of discussion and dialogue with institutions. As I said, we want

to make sure they're successful and have the capacity to deliver the programs.

Having said that, the key point is that they are going to maintain or increase

their numbers. That's the principle of using a baseline.

[1650]

The targets

were given to them in March. That's why I wanted to correct what I said. I read

January. They actually got their budget and accountability letters in March of

2004. In essence, those were general guidelines for the institutions. Targets

were included. I've been assured by my staff that those numbers…. Although

there's been a lot of discussion, we would still have the opportunity to see

some flexibility, but the general principle is to maintain or increase their

numbers.

J. Kwan:

Why did the minister pick the year '03— I think the minister said — as

the target year, as a baseline year for measurement? I would say that's not

necessarily a good year. Maybe it's a good year from the point of view that the

government's trying to lowball the targets. We know that the cuts already

impacted the community in the '03 year. One might actually want to use a better

baseline in terms of setting better targets in achieving the goal of addressing

literacy.

Hon. S.

Bond: Certainly, I just want to say on the record that we're not interested

in lowballing. The year we chose was the most recent one. That's a fairly

typical practice, because as you're building a baseline, that's where you start.

I do want

to point out and reiterate the fact that when we looked at the development of

targets for each of the institutions, we went back three years in terms of

developing their individual targets. Once we get the audited numbers that will

come in, we will have a look at those. We will look at the three-year history,

and there's still an opportunity to actually adjust those as necessary.

Our goal is

to increase opportunities for students in those areas. We were very clear that

we would go back and look at the historic pattern of enrolment in that package

of programs. We did go back three years, but the year chosen was the most

recent.

Again, our

goal is absolutely to increase programming and developmental programs. We've

received a number of really positive comments about the fact that we are

including targets. It indicates our commitment and the priority that we see. We

needed to start a baseline somewhere, but again, for individual targets, we've

gone back three years.

J. Kwan:

I'd be interested in receiving the information from the minister, because then

it'll give you a sense of the targets and whether or not those targets that the

minister set for the institutions are at the high end or low end. When I receive

that information, I'll be able to make that determination as well.

The reason

why, as a general sort of statement in terms of lowballing, is that we know, as

I said, that the budget impacts have been greatest in the '03 year, I think,

since the government took office. We know that the enrolment impact has been

significant in the institutions that I've spoken with because of these budget

constraints. If there's an opportunity for the government to not necessarily use

the lowest year in terms of target setting, that would be good. If the real

interest here is to actually achieve the goal of addressing literacy, then I

would expect and I would hope that the

[ Page 10547 ]

targets would be set higher rather than lower so that we can actually move

towards greater success rather than reduced success. I'll await the information

from the minister with respect to that on this front.

In terms of

setting targets it's one thing to say to institutions that we expect you to

achieve this, this and that. What measures are in place to ensure that these

targets are achieved by institutions? In other words, what monitoring process

would the ministry be putting in place to ensure that these targets are met?

What ramifications are there, if any, if the targets are actually not met?

[1655]

Hon. S.

Bond: Certainly, the process we use in coming up with the targets is a

lengthy one. It's very thoughtful, and it's very carefully done. My staff meets

regularly, and one of the things I asked them to do over the last couple of

years was to reinstitute regular meetings with institutions individually as we

prepare their budget and accountability

Document details

CollectionBritish Columbia — Debates (Hansard)
Citation20040427pm-Hansard-v24n6
Typehansard
Volume / chapter20040427pm-Hansard-v24n6
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Formathtm
SourcePROVINCIAL
Identifier4420133c9c16dfb406ef738485ebf71bc507349c

Source file is stored in the law ingest library (htm).